W52P1J15R0090-0001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. Contract ID Code Page Of

2. Amendment/Modification No.

3. Effective Date

4. Requisition/Purchase Req No.

5. Project No. (If applicable)

6. Issued By Code 7. Administered By (If other than Item 6) Code

8. Name And Address Of Contractor (No., Street, City, County, State and Zip Code)

9A. Amendment Of Solicitation No.

9B. Dated (See Item 11)

10A. Modification Of Contract/Order No.

10B. Dated (See Item 13) Code Facility Code

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers is extended, is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing items 8 and 15, and returning ____________ copies of the amendments: (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. Accounting And Appropriation Data (If required)

13. THIS ITEM ONLY APPLIES TO MODIFICATIONS OF CONTRACTS/ORDERS

It Modifies The Contract/Order No. As Described In Item 14.

A. This Change Order is Issued Pursuant To: The Changes Set Forth In Item 14 Are Made In

The Contract/Order No. In Item 10A.

B. The Above Numbered Contract/Order Is Modified To Reflect The Administrative Changes (such as changes in paying office, appropriation data, etc.) Set

Forth In Item 14, Pursuant To The Authority of FAR 43.103(b).

C. This Supplemental Agreement Is Entered Into Pursuant To Authority Of:

D. Other (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return _______________ copies to the Issuing Office.

14. Description Of Amendment/Modification (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

Except as provided herein, all terms and conditions of the document referenced in item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. Name And Title Of Signer (Type or print)

16A. Name And Title Of Contracting Officer (Type or print)

15B. Contractor/Offeror 15C. Date Signed 16B. United States Of America 16C. Date Signed

By (Signature of person authorized to sign) (Signature of Contracting Officer)

NSN 7540-01-152-8070

PREVIOUS EDITIONS UNUSABLE

30-105-02 STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

SEE SCHEDULE

X

Cost No Fee

0001 2016SEP20

W52P1J

ARMY CONTRACTING COMMAND - RI

ROCK ISLAND, IL 61299-8000

BLDGS 60 & 62

CHARLES M. WILLIAMSON

EMAIL: CHARLES.M.WILLIAMSON12.CIV@MAIL.MIL

W52P1J-15-R-0090

2016AUG26

X

X 2016OCT19 08:00am

/SIGNED/

2 signed

SEE SECOND PAGE FOR DESCRIPTION

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CONTINUATION SHEET

Reference No. of Document Being Continued Page of

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

SECTION A - SUPPLEMENTAL INFORMATION

Buyer Name: CHARLES M. WILLIAMSON

Buyer Office Symbol/Telephone Number: CCRC-RA/(309)782-7690

Type of Contract 1: Cost No Fee

Kind of Contract: Service Contracts

*** End of Narrative A0000 ***

The purpose of Amendment 0001 to Solicitation W52P1J-15-R-0090 is to incorporate the following changes and recognitions:

1. Provide updated versions of the following documents:

a. Section J, Attachment 0001 Performance Work Statement (PWS). Track changes have been added.

b. Section J, Attachment 0003 Performance Based Incentive Fee (PBIF) Plan. Track changes have been added.

c. Section J, Attachment 0017 Consolidated ASP-TSA 2.0 Questions and Answers

2. Revise the following sections of this solicitation:

a. Change Federal Acquisition Regulation (FAR) clause 52.217-9, Option to Extend the Term of the Contract, paragraph (c)

FROM:

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five years and six months.

TO:

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed six years and six months.

b. Revise section L.6.1

FROM:

L.6.1. Facility Clearance. This SECRET level Facility Clearance requirement applies to affiliates, team members, subcontractors, etc., that will require access to classified information. For the SECRET Facility Clearance, the Offeror shall provide at the time of proposal submission the following information: name of company; company CAGE code; company facility clearance level; and company Facility

Security Officer contact information (name, phone number, and email address). The Offeror shall also include the name of its company or managing partner of a partnership, joint venture, or limited liability company that possesses the SECRET Facility Clearance if the

Offeror is a newly formed partnership, joint venture, or limited liability company. The PCO will verify the Offeror and the teammates/ subcontractors/ managing partner identified possess a SECRET Facility Clearance via the DSS ISFD. Failure to have submitted the required

SECRET Facility Clearance by the proposal closing date shall render the Offeror ineligible to receive a contract award and will result in the proposal not being evaluated further. If the CAGE code for the Offeror, managing partner, teammate or subcontractor does not possess a Secret Facility Clearance, the Offeror will be found unacceptable. The Offerors proposal will not be further evaluated and will not be further considered for award.

TO:

L.6.1. Facility Clearance. This SECRET level Facility Clearance requirement applies to affiliates, team members, subcontractors, etc., that will require access to classified information. For the SECRET Facility Clearance, the Offeror shall provide at the time of proposal submission the following information: name of company; company CAGE code; company facility clearance level; and company Facility

Security Officer contact information (name, phone number, and email address). The Offeror shall also include the name of its company or managing partner of a partnership, joint venture, or limited liability company that possesses the SECRET Facility Clearance if the

Offeror is a newly formed partnership, joint venture, or limited liability company. Submission of the CAGE code and possession of a ________________________________________________

SECRET level Facility Clearance of the managing partner of a newly formed Joint Venture is sufficient to meet this requirement. The PCO_______________________________________________________________________________________________________________________________ will verify the Offeror and the teammates/ subcontractors/ managing partner identified possess a SECRET Facility Clearance via the DSS

ISFD. Failure to have submitted the required SECRET Facility Clearance by the proposal closing date shall render the Offeror ineligible to receive a contract award and will result in the proposal not being evaluated further. If the CAGE code for the Offeror, managing partner, teammate or subcontractor does not possess a Secret Facility Clearance, the Offeror will be found unacceptable. The Offerors proposal will not be further evaluated and will not be further considered for award.

Note: The managing partners clearance will not serve as an extended clearance for any employee without a clearance or who is not__________________________________________________________________________________________________________________________________ capable of obtaining a clearance.__________________________________

c. Revise Section M.4.1

FROM:

M.4.1. Facility Clearance. The PCO will verify that the Commercial and Government Entity (CAGE) code(s) for the Offeror and the ___________________ teammates / subcontractors/ managing partner, provided in Volume I, Supplemental Documents & Facility Clearance, possess a SECRET

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Facility Clearance via the Defense Security Service (DSS) Industrial Security Facilities Database (ISFD) by the Request for Proposal

(RFP) closing date. If the CAGE code for the Offeror, managing partner, teammate or subcontractor provided does not possess a SECRET _________________________________________________________________________________________________________________

Facility Clearance, the Offeror will be found unacceptable. Unacceptable proposals will not be further evaluated and will not be__________________________________________________________________________________________________________________________________ further considered for award._____________________________

TO:

M.4.1. Facility Clearance. The PCO will verify that the Commercial and Government Entity (CAGE) code(s) for the Offeror and the ___________________ teammates / subcontractors/ managing partner, provided in Volume I, Supplemental Documents & Facility Clearance, possess a SECRET

Facility Clearance via the Defense Security Service (DSS) Industrial Security Facilities Database (ISFD) by the Request for Proposal

(RFP) closing date. Submission of the CAGE code and possession of a SECRET level Facility Clearance of the managing partner of a newly ___________________________________________________________________________________________________________________ formed Joint Venture is sufficient to meet this requirement. If the CAGE code for the Offeror, managing partner, teammate or____________________________________________________________ ________________________________________________________________ subcontractor provided does not possess a SECRET Facility Clearance, the Offeror will be found unacceptable. Unacceptable proposals_____________________________________________________________________________________________________________________________________ will not be further evaluated and will not be further considered for award.___________________________________________________________________________

d. Revise Section L.3. Exclusions to remove the reference to the Staffing Plan being required under Section L.7.

e. Revise Sections L.3.5.3 and L.3.5.5 to remove the references to Volume II, to clarify redaction requirements.

f. Revise discussion regarding resumes in section L.7.1.

FROM:

The Offeror's approach to identifying all designated key positions. The Offeror's approach should include the responsibilities of each key position and the Offeror's identified minimum qualifications the Offeror will employ over the life of the contract for all key personnel positions. Resumes are limited to two pages and shall describe a sample representative skill set and how it relates to the requirements of the contract.

Upon inclusion in the Competitive Range, the PCO may request Offerors to submit a by name resume for each key position within five days of notice.

TO:

The Offeror's approach to identifying all designated key positions. The Offeror's approach should include the responsibilities of each key position and the Offeror's identified minimum qualifications the Offeror will employ over the life of the contract for all key personnel positions.

Upon inclusion in the Competitive Range, the PCO may request Offerors to submit a by name resume for each key position within five days of notice. If requested, resumes are limited to two pages and shall describe a sample representative skill set and how it relates to the requirements of the contract.

g. Add FAR Clause 52.216-8, Fixed Fee.

h. Add or Times New Roman to section L.3.3, to clarify acceptable font type.

3. The solicitation close date/time is changed to October 19, 2016 at 0800 (Central).

4. All other terms and conditions remain unchanged and applicable.

*** END OF NARRATIVE A0002 ***

This Executive Summary describes the purpose for this Request for Proposal (RFP) and contains the most salient and pertinent aspects of this solicitation. If a conflict exists between this summary and the provisions of this solicitation, the provisions of this solicitation govern.

A-1. REQUIREMENT. The Army Contracting Command Rock Island (ACC-RI) hereby requests proposals for the performance of the Ammunition

Supply Point (ASP) and Theater Storage Area (TSA) in Kuwait. ASP/TSA 2.0 will provide Class V munitions supply support for all ammunition stocks accounted for by 1st Sustainment Command (Theater) (TSC) to U.S. Military/Government components, Department of Defense

(DoD) agencies and as required, coalition forces in the Central Command (CENTCOM) Area of Responsibility (AOR). The ASP/TSA shall receive, store and ship containerized and break bulk munitions. The ASP/TSA shall also issue, configure and maintain theater reserve munitions. The Contractor shall also support by conducting maintenance and repacking operations for munitions residue. The principal functions of the ASP/TSA are issue, storage and receipt of munitions (both training and war-reserve), munitions components, munitions packing and packing material, and munitions related material. Services shall be performed in accordance with (IAW) the Performance Work

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Statement (PWS) provided in Section J (Attachment 0001) of this RFP.

A-2. CONTRACT TYPE. The Government will award a single, hybrid Cost-Plus-Fixed-Fee (CPFF) contract with a Performance Based Incentive

Fee (PBIF).

A-2.1. Incentives. Incentives are included in the form of PBIF. Reference Section J, Attachment 0003, PBIF Plan and Special Provision

H-28.

A-3. NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODE. The NAICS code associated with this RFP is 561210, Facility Support

Services.

A-4. PERIOD OF PERFORMANCE. The Period of Performance (PoP) is one base year, plus five one-year evaluated option periods. The PoP will also include an evaluated Federal Acquisition Regulation (FAR) 52.217-8, Option to Extend Services and FAR 52.237-3, Continuity of

Services.

A-4.1. The Contractor shall be fully transitioned and operational 90 days after award.

A-5. PRE-DEPLOYMENT REQUIREMENTS. The Contractor shall ensure all pre-deployment requirements are met prior to deploying personnel to

Kuwait IAW Defense Federal Aquisition Regulation Supplement (DFARS) 252.225-7995 (Deviation 2015-O0009), Contractor Personnel Performing in the U.S. CENTCOM AOR, and the PWS. See Section H of this solicitation for further details.

A-6. COMPLIANCE WITH LAWS. The Contractor shall comply with all Kuwaiti laws, including labor laws, rules, and regulations, as well as all U.S. laws and regulations, whichever are more restrictive.

A-6.1. Trafficking in Persons (TIP). Contractor employees and subcontractor employees performing under this contract shall comply with all DoD TIPs policies. Contractor employees are subject to the prescriptions and remedies at FAR Clause 52.222-50, Combating

Trafficking in Persons, and the terms and conditions stated herein.

A-7. GOVERNMENT SUPPLY SOURCES. The U.S. Government intends to authorize the use of the Government Supply Sources to the awardee to purchase items in support of the ASP/TSA 2.0 contract. The authorization does not negate any of the approval processes/thresholds in place regarding the requisition of materials and equipment.

A-8. SUBJECT TO AVAILABILITY OF FUNDS. This solicitation is issued Subject to the Availability of Funds IAW FAR 52.232-18. This solicitation is not currently funded. The U.S. Government reserves the right to not fund all Contract Line Item Numbers (CLINs). The basic contract and the contract option years will be subject to the availability of funds at the time of award. In addition, incremental funding is projected for this procurement.

A-9. SOLICITATION INFORMATION. (Reference Sections L & M). All Offerors are reminded to pay specific attention to Section L, Instructions, Conditions, and Notices to Offerors and Section M, Evaluation Factors for Award. An award will be made using formal source selection procedures IAW FAR 15.1, the Department of Defense Source Selection Procedures (March 31, 2016), and the Army Source

Selection Supplement (December 2012). This acquisition will be conducted using the Best Value Continuum Tradeoff Process authorized at

FAR 15.101-1. The U.S. Government reserves the right to: limit the competitive ranges for the purposes of efficiency; award without discussions; make an award to other than the low Offeror; and make no award should no Offeror prove to submit an acceptable offer based on the criteria set forth in this solicitation. The U.S. Government will not open discussions for the sole purpose of allowing Offerors to add detail to proposals. A single award will be made to the offeror whose proposal is determined to provide the best value to the

U.S. Government. This may result in an award to a higher rated, higher priced Offeror. As such, the U.S. Government will make an award to the responsible Contractor whose offer conforms to the solicitation and is determined to be the most advantageous to the U.S.

Government IAW cost and non-cost factors with the importance assigned to each; this may not be the lowest cost or highest technically rated proposal.

A-10. SPECIAL PROVISIONS.

A-10.1. DANGER PAY. Costs for Danger Pay as an uplift in employee compensation will be in accordance with the most recent version of

Section 920 of the Department of State Regulations on Danger Pay, Post Differential, Living Quarters Allowance, etc. and must meet the cost principles of FAR Part 31. Currently, the rate for Danger Pay in Kuwait is 0%. The use of Danger Pay as an uplift is restricted to U.S. citizens/expatriates.

A-10.2. MATERIALS AND EQUIPMENT. The Contractor shall always maximize the use of GFE. When GFE is not available, all commercial equipment necessary to satisfy the terms and conditions of this PWS shall be submitted to the COR for recommendation and approval by PCO prior to purchase or lease by the Contractor. The Contractor shall be required to establish a Department of Defense Activity Address

Code (DODAAC) in order for supplies to be ordered through the Government Supply System or approved for local purchase by the PCO on a

Material Requisition (valued over $5,000.00). The Contractor is prohibited from splitting requirements in order to be below the

$5,000.00 threshold.

A-10.3. SPONSORSHIP. The Contractor shall obtain local sponsorship as required for all personnel for the purpose of providing in-

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country legal representation, work visas and resolution of other personal business or domestics matters, in compliance with host nation labor laws.

A-10.4. PRE-EMPLOYMENT SECURITY AND BACKGROUND CHECKS.

A-10.5. PERSONNEL RECOVERY (PR) TRAINING. Requirements for Personnel Recovery (PR)/Survival, Evasion, Resistance, and Escape

(SERE)/Isolated Preparation Report (ISOPREP). Personnel Recovery (PR) requirement is required for all US Nationals Deploying or deployed contractor personnel. Please note, this training is currently only required for U.S. National contractor personnel deploying within this

Area of Responsibility (AOR). It is important to understand that this requirement applies to all U.S. National contractor personnel who work for the prime or any of the subcontract tier levels on this procurement. This training will be required to be taken annually. In accordance with DODD 3002.01E, Personnel Recovery in the Department of Defense, AR 525-28 dated 10 March 2010, PR training is a mandatory pre-deployment theater entrance training and certification requirement for this contract. The Contractor is required to provide instruction and assurance of certification/compliance with the following DOD, DA, and HQ, AMC Personnel Recovery Training for all U.S. National employees: Personnel Recovery Tactics, Techniques, and Procedures (TTPs) Briefing, COCOM/Kuwait Specific/special instructions (SPINS) briefings identifying geographic, environmental, and socio/political aspects of the Kuwait AOR, Anti-Terrorism-

Force Protection (AT/FP) Level I Training, Survival, Evasion, Resistance and Escape (SERE) Level B Training, Civilian ISOPREP Card, and

Registration in CIVTRACKS. Contractors shall notify the Contracting Officer, as soon as practicable, whenever employee kidnappings, serious injuries or deaths occur.

Report the following information:

Contract Number

Contract Description & Location

Company Name

Reporting party:

Name

Phone number

E-mail address

Victim:

Name

Gender (Male/Female)

Age

Nationality

Country of permanent residence

Incident:

Description

Location

Date and time

Other Pertinent Information:

A-10.6. CURRENCY. Payments made against this contract will be paid in U.S. currency (dollars).

H-10. FORCE PROTECTION. While performing duties IAW the terms and conditions of the contract, the Service Theater Commander will provide force protection to contractor employees commensurate with that given to Service/Agency (e.g., Army, Navy, Air Force, Marine, DLA, DCMA, etc.) civilians in the operations area.

A-10.7. PROCESSING AND DEPARTURE. The Contractor is not required to depart the U.S. or another country through a central departure point. That notwithstanding, before contractor personnel depart from the U.S. or another country, and before contractor personnel residing in Kuwait begin contract performance in Kuwait, the Contractor shall be compliant with the provisions of DFARS 252.225-7995, Deviation 2015-O0009, (Contractor Personnel Performing in the United States Central Command Area of responsibility). New employees not currently in the Kuwait Area of Responsibility must go through CRC. Existing employees in Kuwait may not have to re-process through

CRC.

A-10.8. LIFE SUPPORT. Contractors are responsible for providing all aspects of Life Support for Contractor employees including, but not limited to, housing and transportation within Kuwait and transportation to and from Kuwait, medical or dental care (if provided for under employee benefits). Contractors are not allowed residence on any military installation within Kuwait. Contractor primary healthcare is not authorized in military treatment facilities in Kuwait. The Government will provide only resuscitative/emergency medical care to contractor employees. (Reference DODI 3020.41, Operational Contract Support (OCS), December 2011).

A-10.9. BILLETING. As a general rule, billeting is not available to Contractors in Kuwait. On an exception basis, Contractors may be

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permitted to use Government Billeting if a critical need by the Government exists and approval is granted by the Base Commander as recommended by the Base Mayor's Cell.

A-10.10. GOVERNMENT PROVIDED MEALS. Dining facilities (DFACs) are available and authorized for contractor use. Contractor employees choosing to consume their meals at the DFACs shall be required to pay the established meal rates for all meals consumed. All

Contractors must utilize the Eagle Cash System to pay for their meals in Kuwait.

A-10.11. TRASH REMOVAL. The Contractor shall obey all Kuwait and U.S. laws regarding secondary containment, environmental training, and proper disposal of HAZMAT, debris, or refuse from the installation. The Contractor shall dump waste in Kuwait Government approved sites and comply with Kuwait environmental laws.

A-10.12. CONTRACTOR HEALTH AND SAFETY.

(a) Contractors shall comply with National Electrical Code (NEC) 2011 for repairs and upgrades to existing construction and NEC 2014 standards shall apply for new construction, contract specifications, and MIL Standards/Regulations. Contractors shall also comply with the guidelines set forth by the Kuwaiti Ministry of Electric and Waterworks (MEW). All infrastructure to include, but not limited to, living quarters, showers, and restrooms shall be installed and maintained in compliance with these standards and must be properly supported and staffed to ensure perpetual Code compliance, prevent hazards and to quickly correct any hazards to maximize safety of those who use or work at the infrastructure. The U.S. Government has the authority to enter and inspect Contractor employee living quarters at any time to ensure the Prime Contractor is complying with safety compliance standards.

(b) The Contractor shall correct all deficiencies within a reasonable amount of time of becoming aware of the deficiency either by notice from the Government or a third party, or by self discover of the deficiency by the Contractor. Further guidance can be found on:

UFC: ://www.wbdg.org/ccb.browse_cat.php?o=29&c=4

NFPA 70: ://www.nfpa.org/

NESC: http://www.standards.ieee.org/nesc

A-10.13. GOVERNMENT FURNISHED CONTRACTOR SUPPORT.

The following is a summary of the type of support the Government will provide the contractor, on an as-available basis. In the event of any discrepancy between this summary and the description of services in the Performance Work Statement, this clause will take precedence.

U.S. Citizens Accompanying the Force

X APO/FPO/MPO/Postal Services X DFACs(Access only Contractors Must_ _ pay for meals)

_ Authorized Weapon _ MILAIR_ _

X MWR _ Transportation_

X Resuscitative Care _ Mil Issue equip_

X Controlled Access Card (CAC)/ID Card X Military Banking (Finance/Eagle_ _

Cash)

X Commissary _ Military Clothing_

_ Dependents Authorized X Military Exchange_ _

_ Telephone Services _ Keys to GFE_

_ Utilities _ Technical Training_

X CAAF*_

*CAAF means contractor personnel, including all tiers of subcontractor personnel, who are authorized to accompany U.S. Armed Forces in applicable operations and generally includes all U.S. Citizen and Third-Country national employees not normally residing within the operational area.

1) This contractor employee will be emergency essential while covered by this letter of authorization in the SWA Theater.

2) Common Access Card (CAC), Geneva Convention Card (DD Form 489, if required), and ration card.

3) Army and Air Force Exchange Service Facilities (Military Exchange) if applicable: includes rationed items. (See AR 60-20)

4) Military Banking Facilities and Finance Accounting Office (FAO).

5) Commissary (includes rationed items)

6) Medical/Dental: Emergency medical and dental services that would be available to Government civilians and military personnel.

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7) DFACs- For meal in Kuwait, Government Furnished Meals are not provided. This Contractor is required to pay the Standard Meal Rate to be provided meals at the Dining Facility in Kuwait. All Contractors must utilize the Eagle Cash System to pay for their meals in Kuwait.

Third-Country Nationals (TCN) Employees

_ APO/FPO/MPO/Postal Services X DFACs(Access only Contractors must_ _ pay for meals)

_ Authorized Weapon _ MILAIR_ _

_ MWR _ Transportation_

X Resuscitative Care _ Mil Issue equip_

X Controlled Access Card (CAC)/ID Card _ Military Banking(Finance/Eagle_ _

Cash)

X Commissary _ Military Clothing_

_ Dependents Authorized X Military Exchange_ _

_ Telephone Services_

_ Utilities_

X CAAF*_

*CAAF means contractor personnel, including all tiers of subcontractor personnel, who are authorized to accompany U.S. Armed Forces in applicable operations and generally includes all U.S. Citizen and Third-Country national employees not normally residing within the operational area.

1) Smart Card or ID Only

2) Army and Air Force Exchange Service Facilities (Military Exchange): includes rationed items. (See AR 60-20)

3) Commissary (includes rationed items)

4) DFACs- For meal in Kuwait, Government Furnished Meals are not provided. This Contractor is required to pay the Standard Meal Rate to be provided meals at the Dining Facility in Kuwait. All Contractors must utilize the Eagle Cash System to pay for their meals in Kuwait.

Local National (LN) Employees

_ APO/FPO/MPO/Postal Services _ DFACs(Access only Contractors Must_ _ pay for meals)

_ Authorized Weapon _ MILAIR_ _

_ MWR _ Transportation_

X Resuscitative Care _ Mil Issue equip_

X Controlled Access Card (CAC)/ID Card _ Military Banking (Finance/Eagle_ _

Cash)

_ Commissary _ Military Clothing_

_ Dependents Authorized _ Military Exchange_ _

_ Telephone Services_

_ Utilities_

_ CAAF*_

*CAAF means contractor personnel, including all tiers of subcontractor personnel, who are authorized to accompany U.S. Armed Forces in applicable operations and generally includes all U.S. Citizen and Third-Country national employees not normally residing within the operational area.

-Smart Card or ID Only

A-10.14. PROHIBITION AGAINST HUMAN TRAFFICKING, INHUMANE LIVING CONDITIONS, AND WITHHOLDING OF EMPLOYEE PASSPORTS.

Trafficking in Persons (TIP). Contractor employees and subcontractor employees performing under this contract shall comply with all DOD and TIP policies. ASP/TSA 2.0 has a more stringent position than federal requirements regarding TIP. Contractor employees and subcontractor employees are subject to prescriptions and remedies at FAR Clause 52.222-50 and the terms and conditions stated herein.

Contractor shall adhere to and abide by all Kuwait Labor Laws during the performance of this contract.

Registered Employee Listing. On a monthly basis, the Contractor shall provide the ACO/PCO with a listing of employee names, and subcontractor employee names, registered with the Ministry of Social Affairs and Labor (MOSAL)(CDRLs 7.1 and 7.4). Failure to provide the ACO with a list of employees registered with the MOSAL will result in the denial of installation badging privileges for Contractor employees. Furthermore, a copy of each individuals employment contract shall be available to the U.S. Government by the conclusion of the Transition Period. At a minimum, the employment contract shall be in English and the language of the employee. The Contractor shall disclose and make known to its employees the terms and conditions of employment.

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For the duration of the contract, the Contractor shall ensure all wages earned (hourly, weekly, monthly, yearly), to include benefits and allowances, or any type of debt bondage arrangement in effect between the Contractor and employee, are included in each employees contract. Contractor shall specify the compensation rate to be earned for hours in excess a normal work week within the employment contract.

Contractor shall specify the type or description of work to be performed and the job site location.

Contractor shall provide transportation costs from country of origin to place of employment, including repatriation.

Contractor shall include a detailed description of the type of job site berthing accommodations available to the employees within the employment contract.

Contractor shall provide non-cash compensation and benefits, to include meals and accommodations.

Contractor shall ensure employees have injury and sickness compensation insurance for emergency medical and dental care.

Contractor shall clearly define valid grounds for termination within the employment contract.

Contractor shall include dispute settlement provisions within the employment contract.

Housing Standards. The Contractor shall comply with the following minimum housing accommodations standards:

(1) Housing provided to all employees shall be no less than 50 square feet per person.

(2) Cafeteria or common use kitchen will be provided to all employees. Common use kitchens will service no more than 25 workers per kitchen.

(3) Each room shall be furnished at a minimum with the following:

(i) Room light.

(ii) One bed per individual.

(iii) One storage device that can be secured; a footlocker with hasp for lock, minimum size of at least 3 cubic feet.

(iv) A laundry facility or laundry service.

(v) Cleaning supplies.

(4) Monthly inspections of living conditions of all Contractor and subcontractor employees. A copy of the inspection report shall be provided to the ACO/COR. The inspection report shall, at a minimum, contain the following inspection criteria:

(i) Compliance with minimum housing accommodation standards.

(ii) Functioning appliances and the projected time for repair for any non-functioning appliances.

(iii) The findings of Quarterly Health and Welfare inspections on personnel and accommodations.

Contractor Shall Post Human Trafficking Hotline Posters in English and all employee languages in all living quarters. At a minimum, the poster shall include the Contracting Commands Hotline complaint number DSN 318-430-4985 or 389-4985.

Violations. Violation of the TIP policy shall result in actions taken against the Contractor or its employees. Such actions may include, but are not limited to, removal from the contract, reduction in benefits, or termination of employment at no cost to the U.S.

Government.

Notification. Contractor shall inform the PCO immediately of any information received from any source (including host country law enforcement) that alleges a Contractor employee, subcontractor, or subcontractor employee has engaged in conduct that violates TIP policies, and any actions taken against Contractor or subcontractor employees pursuant to FAR Clause entitled Combating Trafficking in

Persons.

Remedies. In addition to other remedies available to the U.S. Government, the Contractor's failure to comply with TIP policy may render the Contractor subject to the following at no cost to the U.S. Government:

(1) Required removal of a Contractor employee or employees from the performance of the contract.

(2) Required subcontractor termination.

(3) Suspension of contract payments.

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(4) Loss of fee, consistent with the fee plan, for the performance period in which the U.S. Government determined Contractor non-compliance.

(5) Termination of the contract for default or cause, in accordance with the termination clause of this contract.

(6) Suspension or debarment.

Subcontracts. Contractor shall flow-down to its subcontracts the terms and conditions of this paragraph IAW Host Nation laws, regulatory guidance, DOD, and FAR clauses referenced herein.

A-10.15. FITNESS FOR DUTY AND MEDICAL CARE LIMITATIONS.

(a) The Contractor shall ensure the individuals they deploy are in compliance with the current U.S. CENTCOM Individual Protection and

Individual/Unit Deployment Policy (Mod Twelve is the most recent guidance at the issuance of this solicitation; Contractor shall abide by all U.S. CENTCOM policy for the life of the contract, as applicable), including TAB A, Amplification of Minimal Standards of Fitness for Deployment to the CENTCOM AOR, unless a waiver is obtained in accordance with TAB C, CENTCOM Waiver Request. The current guidance is located at http://www2.centcom.mil/sites/contracts/Pages/GCP.aspx.

(b) The Contractor shall perform the requirements of this contract notwithstanding the fitness for duty of deployed employees, the provisions for care offered under this section, and redeployment of individuals determined to be unfit.

(c) Contractor personnel who deploy for multiple tours, which exceed 12 months in total, must be reevaluated for fitness to deploy every 12 months IAW the current U.S. CENTCOM Individual Protection and Individual/Unite Deployment Policy standards. An examination will remain valid for 15 months from the date of the physical. This allows an examination to be valid up to 90 days prior to deployment. Once a deployment begins, the examination will only be good for a maximum of 12 months. Any medical waivers received will be valid for a maximum of 12 months. Failure to obtain an updated medical waiver before the expiration of the current waiver renders the employee unfit and subject to redeployment.

(d) In accordance with military directives (DoDI 3020.41, DoDI 6000.11, CFC FRAGO 09-1038, DoD PGI 225.74), resuscitative care, stabilization, hospitalization at Level III (emergency) military treatment facilities and assistance with patient movement in emergencies where loss of life, limb or eyesight could occur will be provided. Hospitalization will be limited to emergency stabilization and short-term medical treatment with an emphasis on return to duty or placement in the patient movement system. Subject to availability at the time of need, a medical treatment facility may provide reimbursable treatment for emergency medical or dental care such as broken bones, lacerations, broken teeth or lost fillings.

(e) Routine and primary medical care is not authorized. Pharmaceutical services are not authorized for routine or known, routine prescription drug needs of the individual. Routine dental care, examinations and cleanings are not authorized.

(f) Notwithstanding any other provision of the contract, the Contractor shall be liable for any and all medically-related services or transportation rendered. To view reimbursement rates that will be charged for services at all DoD deployed medical facilities please go to the following website: http://comptroller.defense.gov/FinancialManagement/Reports/rates2014.aspx.(change fiscal year as applicable).

A-10.16. CONTINUATION OF ESSENTIAL CONTRACTOR SERVICES. Contractor shall comply with the requirement in DoDI 1100.22 relating to the performance of Continuation of Essential DoD Contractor Services During Crisis, including but not limited to providing a plan identifying how the Contractor will insure the continuation of Mission Essential Services and identifying those personnel performing such services.

A-10.17. MARKING OF PROPRIETARY INFORMATION. The Contractor shall NOT mark any data provided to the U.S. Government under this contract as proprietary; this includes records, files, memoranda, reports, listings, SOPs, plans, programs, studies, tests, property listings, etc., or any other data acquired or produced by the Contractor in support of this contract. Further, IAW DFARS 252.227-7013, the Government shall have unlimited rights to all technical data produced or obtained by the Contractor under the terms of this contract. As such, the Contractor shall not place proprietary markings on any documents to which the Government has unlimited rights.

A-10.18. NON-PERSONAL SERVICES. It is expressly agreed and understood that this is a non-personal services contract, as defined in FAR

37.101, under which the services rendered by the Contractor are provided in its capacity as an independent Contractor.

A-10.19. ORGANIZATIONAL CONFLICT OF INTEREST (OCI). It is not anticipated that the services provided under this solicitation offer the potential for OCIs. Although no instances of actual or potential OCI have been identified at this time, Contractors shall closely monitor potential OCI issues, such as subcontracts to subsidiaries, and shall report all instances of actual or potential OCIs to the

Contracting Officer. Other examples of OCI include, but are not limited to, impaired objectivity, proprietary information obtained from a Government official without proper authorization, and use of biased ground rules relative to subcontracting. If the Contracting

Officer determines that an actual or OCI exists, the Contractor will be required to take the actions necessary to mitigate or eliminate the conflict.

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A-10.20. TRAFFIC VIOLATIONS. In accordance with a bilateral agreement between the U.S. and the State of Kuwait, the U.S. Government will not pay traffic fines or other legal fees, criminal in nature; as this is a form of punishment under Host Nation Law. If violations of Host Nation Law occur, written notices, legal documentation, tickets, etc. will be used by the U.S. Military as evidence against the personnel involved. The U.S. Government will not reimburse the Contractor for any traffic fines, to include parking tickets.

A-10.21. COMPLIANCE WITH CONTRACT REQUIREMENTS.

(a) The Contractor shall establish and maintain an adequate accounting system for determining costs applicable to this contractor for the duration of contract performance. (b) The Contractor shall ensure compliance with all contract requirements. An election to perform by subcontract (at any tier) or otherwise does not relieve the prime Contractor of its responsibilities to ensure compliance with the contractual requirements. (c) The Government shall also have the right to use any and all data delivered to further the efficient prosecution of the contingency within the protections afforded under the Trade Secrets Act (18 USC 1905).

A-10.22. COMPENSATION COSTS. In the event the Contractor must pay additional compensation above that established by the Department of

State standards for DOD civilians to retain or obtain personnel to perform in theater of operations during a declared contingency, the

Contractor must obtain prior approval from the PCO before incurring any additional compensation costs. The Contractor shall furnish a proper business case analysis to the PCO to substantiate any adjustment to the contract. Any such increases shall not be subject to fee.

A-10.23. ON-CALL DUTY OR EXTENDED HOURS.

(a) The Contractor shall be available to work extended hours to perform mission essential tasks, as directed by the Contracting

Officer.(b) The Contractor shall be available to work on-call to perform mission essential tasks, as directed by the Contracting

Officer.(c) The Contracting Officer, or his/her designated representative, will identify the parameters of on-call duty, as necessary.

A-10.24. FEE PLAN. Reference Section J Attachment 0003.

The fee arrangement consists of fixed fee and performance-based incentive fee (PBIF). A PBIF plan was developed to motivate the

Contractor to concentrate resources in areas critical to efficiently and effectively manage this service contract and achieve timely execution of contract requirements. This plan is the basis for the evaluation of the Contractors performance and for presenting an assessment of that performance to the Fee Determining Official (FDO). The fee pool amounts to total PBIF dollars available throughout the life of the contract. The fixed fee of the contract is not earned and is, therefore, paid on a monthly basis based upon the

Contractors statement that the level of effort specified in the contract has been expended in performing contract work. Since the available PBIF during the evaluation period must be earned, the Contractor begins each period with 0% earned PBIF. Fee determinations will be made on a semi-annual basis and will take into consideration overall contract performance for each evaluation period. The fee for reach period shall be composed of a PBIF pool based upon the final, negotiated, estimated cost of the contract and subsequent modifications minus all non-fee bearing cost elements. Fee will only be allowed on value-added costs, i.e., labor and labor-related costs, indirect costs, and G&A. While not all inclusive, the following cost elements will not be included in the base when the

Government computes the pool:

All Material Costs

Value Added Tax

Incentive Pay above Applicable Department of State Guidelines

Equipment Costs

Insurance

Facilities Capital Cost of Money

Pass Thru Subcontracts (subcontracts for which the prime contractor adds no or negligible value)

Travel

Other Direct Costs (ODCs), (e.g. sponsorship costs, vehicle leasing, work visas, housing, medical exams, etc.)

The costs identified above (whether incurred at the prime or subcontract level) will be excluded for the purpose of developing the base on which fixed fee and PBIF will be calculated. Fees will be computed on labor-related costs, to include direct labor costs (exclusive of uplifts beyond State Department guidelines), fringe benefits, and associated other indirect costs/overhead/G&A, as described in the

Contractors Cost Disclosure Statement. Excessive pass-through charges (DFARS 252.215-7004) are unallowable.

The Contractor must verify, in writing, that due diligence was exercised in developing the cost basis for the fee pools, and that appropriate exclusions were taken into account.

A-11. 52.203-4501 (ACC-RI) Operations Security (OPSEC) Requirements, JAN/2011

1. As defined in Army Regulation (AR) 530-1, Operations Security (OPSEC), sensitive information is information requiring special protection from disclosure that could cause compromise or threat to our national security, an Army organization, activity, family member, DA civilian or DoD contractor. Critical Information is defined as information important to the successful achievement of U.S.

objectives and missions, or which may be of use to an adversary of the United States. It consists of specific facts about friendly

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capabilities, activities, limitations (includes vulnerabilities), and intentions needed by adversaries for them to plan and ac teffectively so as to degrade friendly mission accomplishment. All critical information is sensitive, but not all sensitive information is critical.

2. The contractor shall not release sensitive information to the general public without prior written approval from the Contracting

Officer. All contractor requests to release sensitive information shall be in writing and clearly explain the necessity for release of the information and consequences if approval is not granted. Contractor employees who are U.S. citizens shall be provided access to sensitive information on a "need to know" basis required to fulfill the terms and conditions of the contract. Foreign National (FN) employees access to information will be limited to non-sensitive information. FN access to sensitive information will be approved in writing by the Contracting Officer on a case-by-case basis, and will be strictly limited to the information that the employee must know in order to fulfill the terms and conditions of the contract.

3. The Contracting Officer will provide the Contractor with a list of known Critical Information (CI) pertinent to contract requirements and threat information pertinent to contract location as soon as possible after contract award. Critical Information and threat information shall be used by the Contractors appointed OPSEC Manager to prepare an OPSEC Plan.

4. The Contractor shall be responsible for establishing and maintaining an OPSEC program to adequately manage, protect and control sensitive information that has been provided or generated under the contract. The Contractor shall prepare and submit a written OPSEC

Plan to the Contracting Officer for approval IAW DD 1423/DI-MGMT-80934C within 30 calendar days after receipt of the CI/threat information addressed in Paragraph 3 above. The Contracting Officer will coordinate with the Government OPSEC Officer and advise the

Contractor in writing of the approval, conditional approval or disapproval of the plan within 10 days of receipt.

5. The Contractor shall conduct annual self-assessments of their OPSEC program and submit annual written assessments to the Contracting

Officer in the anniversary month of contract award. OPSEC Assessment checklists and sample assessment responses will be provided in advance by the Government as tools to aid the Contractor in assessing their OPSEC program.

6. The Contractor shall provide OPSEC training to all employees regarding the safeguarding of sensitive information prior to employees being allowed access to such information, and annualy thereafter.

7. The Contractor shall destroy all sensitive program material at the completion of the contract so as to ensure the information cannot be accessed or utilized for any purpose and notify the Contracting Officer in writing of its destruction.

8. These same requirements will flow down to all subcontractors working on or provided any sensitive information related to the contract.

(End of Clause)

A-12. 52.242-4591 (ACC-RI), Contractor Performance Information, DEC/2005

The successful offeror/bidder under this solicitation is advised that after contract award its performance under this contract will be subject to an assessment(s) in accordance with FAR 42.15 and AFARS 5142.1503-90. The Department of Defense (DoD) Contractors

Performance Assessment Reporting System (CPARS) will be used to maintain the performance report(s) generated on this contract. The rating system to be used in this assessment shall be as follows:

Exceptional (Dark Blue) Performance meets contractual requirements and exceeds many to the Governments benefit. The contractual performance of the element or sub element being assessed was accomplished with few minor problems for which corrective actions taken by the contractor were highly effective.

Very Good (Purple) Performance meets contractual requirements and exceeds some to the Governments benefit. The contractual performance of the element or sub element being assessed was accomplished with some minor problems for which corrective actions taken by the contractor were effective.

Satisfactory (Green) Performance meets contractual requirements. The contractual performance of the element or sublement contains some minor problems for which corrective actions taken by the contractor appear or were satisfactory.

Marginal (Yellow) Performance does not meet some contractual requirements. The contractual performance of the element or sub element being assessed reflects a serious problem for which the contractor has not yet identified corrective actions. The contractors proposed actions appear only marginally effective or were not fully implemented.

Unsatisfactory (Red) Performance does not meet most contractual requirements and recovery is not likely in a timely manner. The contractual performance of the element or sub element contains serious problem(s) for which the contractors corrective actions appear or were ineffective.

The evaluation procedures to be used in this assessment, which include coordination with the contractor, are detailed in AFARS 5142.1503-

90.

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